If you are stuck in such a situation, here is what to do.

A woman named Priya, living in the city of Amanpur, shared her story of a troubled marriage spanning several years. She sought to understand if her experiences legally constitute domestic violence and how she could substantiate her claims. For years, she endured a cycle of abuse followed by apologies from her husband, Rohan. In the initial phase of their marriage, physical violence was frequent; Rohan would slap her during arguments and later express remorse once he calmed down. This pattern created a constant state of fear and reconciliation.

Over time, the physical violence evolved into acts of intimidation. During disagreements, Rohan would resort to throwing objects around the house and slamming doors with force to silence Priya, later dismissing these aggressive displays as insignificant. The issues extended to her in-laws as well. Before the wedding, Rohan’s family insisted on a lavish ceremony that was beyond Priya’s family’s financial means. They then specified certain “gifts,” including gold and expensive sarees for a particular location, which they later defended as mere “tradition” when confronted, denying it was dowry.

Priya also described being treated like a domestic helper in her own home. She was often served leftover food while the fresh meals she prepared were consumed by others. On several occasions, her mother-in-law would physically snatch her plate away just as she was about to eat. Compounding this was relentless emotional and verbal abuse. She was constantly taunted for her appearance, called “fat” and “ugly,” particularly after gaining weight due to the anxiety and depression stemming from her marital situation. Having now recognized the cumulative harassment, Priya has begun to challenge the mistreatment and is seeking clarity on her legal rights.

Advice in such cases

Navigating such a sensitive and difficult situation requires a careful and strategic approach. The priority must always be your safety and well-being.

• Prioritize Your Safety: If you feel you are in immediate danger, remove yourself from the situation. Contact a trusted friend, family member, or a helpline. Your physical and mental safety is paramount.
• Document Everything: Keep a detailed, confidential journal of all incidents of abuse. Note the date, time, location, what happened, and who was present. This log can be a crucial piece of evidence.
• Gather Evidence Discreetly: If it is safe to do so, collect evidence such as photographs of injuries, damaged property, or screenshots of abusive text messages, emails, or social media posts.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In India, several laws protect individuals from domestic abuse and cruelty. The acts described by Priya fall under the purview of the following statutes:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law designed to provide comprehensive protection to women. “Domestic violence” under this Act is broadly defined and includes physical abuse, verbal and emotional abuse (like taunts and insults), and economic abuse (depriving you of financial resources or necessities). The acts of slapping, intimidation, and verbal taunts are all covered.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code of India. Section 86 of the BNS, which pertains to cruelty by a husband or his relatives, is particularly relevant. It makes any willful conduct that is likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical) a punishable offense. The constant taunts, physical assaults, and emotional torment described would constitute cruelty under this section.
• The Dowry Prohibition Act, 1961: This Act criminalizes the act of giving or taking dowry. The demand for a “fat wedding,” gold, and sarees, even if disguised as “tradition” or “gifts,” can be construed as a dowry demand if it was made as a precondition for the marriage.

If you are the complainant

If you are the one accused of such acts, it is crucial to understand the legal implications and act responsibly.

• Do Not Escalate: Refrain from any communication or action that could be interpreted as a threat, intimidation, or an attempt to influence the victim. This will only worsen your legal position.
• Cooperate with Authorities: If contacted by the police or any legal authority, cooperate with the process. However, do so only after seeking legal advice.
• Preserve Your Evidence: Gather any evidence that supports your version of events, such as text messages, emails, or witness accounts that provide context to the allegations.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can advise you on the best course of action, including applying for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) if you fear arrest.

If you are the victim

As a victim, you have multiple legal avenues available to you for protection and justice.

• File a Complaint under PWDVA: You can approach a Protection Officer (appointed under the PWDVA), a registered service provider, or file an application directly with a Magistrate. This can get you immediate relief, such as a protection order (to stop the abuse), a residence order (to secure your right to live in the shared household), and monetary relief.
• Register an FIR: You can go to the nearest police station (preferably a women’s police station or one with a Crime Against Women Cell) to file a First Information Report (FIR) under Section 86 of the BNS for cruelty and under the Dowry Prohibition Act if applicable.
• Seek Multiple Remedies: It is important to know that you can pursue remedies under both the PWDVA (civil) and the BNS (criminal) simultaneously.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. Your advocate will guide you through the complexities of the legal system and ensure your rights are protected.

How the police behave in such cases

Police response in matrimonial disputes can vary. Initially, especially in cases reported to a Crime Against Women (CAW) Cell, the police may attempt to counsel the couple and facilitate a reconciliation. However, if the complaint discloses a cognizable offense, such as cruelty under Section 86 of the BNS, they are legally obligated to register an FIR and begin an investigation. Sometimes, victims may face initial reluctance or be advised to “settle” the matter. In such a scenario, you have the right to approach a senior police officer or file a private complaint directly with the Magistrate under Section 219 of the BNSS.

FAQs people normally have

What if my husband apologizes after each incident?
An apology does not legally nullify an act of violence or cruelty. While it might be a factor in reconciliation, the cycle of abuse followed by remorse is a classic pattern in domestic violence. The law recognizes the act of abuse itself, regardless of subsequent apologies.

Can I file a case after so many years?
Yes. Domestic violence is often treated as a “continuing offence.” This means that each act of abuse gives rise to a fresh cause of action. The court will consider the entire history of abuse, not just the most recent incident.

Will I be thrown out of my house if I complain?
No. The PWDVA, 2005, specifically protects your “right to reside” in the shared household. A magistrate can pass a residence order preventing your husband or his relatives from dispossessing you or disturbing your possession of the shared household.

What evidence is required?

Proving domestic violence, especially emotional abuse, can be challenging but not impossible. The court considers all forms of evidence:

• Direct Evidence: Photographs or videos of injuries, damaged property, or abusive incidents. Medical reports are crucial for proving physical harm.
• Electronic Evidence: Abusive text messages, emails, call recordings, or social media posts. Ensure these are preserved properly.
• Testimonial Evidence: Testimony from you, as well as from witnesses like friends, family members, or neighbors who have seen or heard the abuse.
• Circumstantial Evidence: A detailed log or diary documenting the incidents. Evidence of dowry demands, such as witness testimony or bank records, can also be used to establish a pattern of harassment.

How long will the investigation take?

The duration of legal proceedings can vary significantly. The PWDVA mandates that the court should try to dispose of a case within 60 days of the first hearing, but delays are common due to the judicial backlog. A criminal investigation under the BNS involves filing a chargesheet by the police, followed by a trial, which can take several months to years to conclude. The timeline depends on the complexity of the case, the evidence available, and the efficiency of the legal system in that jurisdiction.

Advocate Sudhir Rao, Supreme Court of India